Bell v. Kelly

HOUSER, J.

— This is an appeal from a judgment entered on a verdict in an action for libel and slander.

[606]

The complaint contained four counts — each of the first two thereof being for both compensatory and punitive damages on account of an alleged libel published by defendant, and each of the last two counts of the complaint being likewise for similar damages alleged to have been occasioned to plaintiff by reason of certain slanderous remarks made by defendant — all of and concerning plaintiff.

The verdict was general in form and, without segregating the damages (if any) as to each count or as to any of the counts of the complaint, awarded to plaintiff for actual damages the sum of $2,500 and for punitive damages the sum of $3,500, making a total damage of $6,000.

The principal attack of appellant regarding the judgment is directed to the fourth count of the complaint, the gravamen of which was that with the intention of injuring plaintiff in her good name and reputation, and with actual ill will, malice, and hatred toward plaintiff, defendant stated to one McClelland that plaintiff had committed perjury in the trial of a certain action and sought to have plaintiff arrested and charged with the commission of such offense/

In effect the sufficiency of the evidence to support the verdict is the question presented — for a determination of which it becomes necessary to examine the evidence in the case which pertains to the point at issue.

In substance the witness, McClelland, testified that he was a deputy district attorney of the county of Los Angeles in charge of the issuance of complaints in that office against persons charged with the commission of criminal offenses; that some time during the month of September, 1921, defendant called to see the witness in his official capacity as such deputy district attorney. In reply to a question as to what conversation occurred at that time between the deputy district attorney and defendant, the witness stated:

“He came in to make a complaint against some one who had been a tenant of one of his buildings, I think, over the tenancy of which there had been some litigation in the superior court of this county. He wanted to lay the facts before the office with a view to having a complaint issued against his tenants for perjury in connection with that litigation. ... I think he produced at that time, or at a later conversation, a transcript of the testimony of the